Thread by @MJibranNasir

#Thread on legality of #PMLN FIR. Several High Court & SC Judgments have established that Sec 196 CrPC requires that no penal sections relating to offences against the State can be added to a FIR on complaint of a pvt person & requires complaint from either Fed or Provincial Govt

In 2017 Hon. Justice Kiyani of IHC whose remarks on MNS's abscondence were hailed by Govt held that it's mandatory to obtain sanction from Govt for adding offences under 120B, 124A & 505 PPC (note all these are added in PMLN FIR). IHC quashed FIR as Police didn't follow procedure

J. Kiyani in same 2017 IHC judgment stated necessary ingredients for taking cognizance of offences like sedition and criminal conspiracy wherein he clearly state "Pvt person cannot agitate the matter regarding sedition...it should be initiated, inquires & investigated by Govt"

In 2015 GB Chief Court referring to pvt persons held that "Object of S.196 CrPC was to prevent unauthorised person from intruding" in prosecution of offences against State and hence for matters related to offences against State can only be agitated by the State not pvt individual

In 2012 Peshawar HC held that for offences covered by S.196 CrPC (which includes all sections mentioned in #PMLN FIR except PECA S.10) an FIR can only be lodged by a person who is authorised by the Federal or Provincial Govt to do so and not doing so was an incurable irregularity

Lahore HC in 2010 in #JavedHashmi judgment held that "Section 124-A PPC was not only non cognizable but there was no concept of registration of case thereunder by local Police" again reiterating that such case can only be registered on complaint by Fed or Provinciak Govt

In 2005 Lahore HC held that since Sec.196 CrPC bars court from taking cognizance of offences against the State unless complaint is filed by Govt itself the argument that Police can still register FIR for such offences on pvt person's complaint was "without logic and substance"

In 1993 in case of #SalmanTaseer SC agreed with view taken by SHC in a 1976 judgment about registration of cases under 124A PPC. SHC observed regarding registration of FIR by pvt person "The non-compliance in the initiation of proceedings goes ot the root of the entire matter."

In light of above judgments & established law it's important to note that no complaint for offences against State was filed by Fed/Provincial Govt on MNS's speech for days and only pressers were done in response. Govt knows this is a bogus case hence hiding behind a bogus FIR.

This specific case may only relate to #PMLN but it has set a very dangerous precedent for our entire society given the tactics Govt is adopting and the its deliberate and blatant disregard for the strict procedures laid down for taking action under such serious alleged offences